KOMA (koma.click) — DJ World trading as Koma.click, ABN 46 988 358 182 — Last updated: 2 Jan 2026
These Terms govern your use of our Services. By signing a Service Agreement, completing a checkout that references these Terms, or engaging or using our Services, you agree to be bound by these Terms. If you accept on behalf of a business, you confirm you are authorised to bind that business, and "you" means that business.
If a Service Agreement conflicts with these Terms, the Service Agreement prevails for that engagement.
We provide custom software, SaaS, and content services, which may include: AI chatbot design, build, training and deployment; voice agent systems; AI quoting and ordering systems; dashboards and analytics; lead research and verification; marketing plans; content production and distribution (podcast post-production, audio and video editing, short-form content, written content, website builds, and publishing across podcast, video and social platforms); and ongoing hosting, maintenance and support. The specific scope for your engagement is set out in your Service Agreement.
You must not, and must not allow any person using the Systems through you, to:
You are solely responsible for how you configure, deploy, and use the Systems and for all content and messages they send on your behalf. We may suspend the Services immediately if we reasonably believe this clause is being breached.
All payments are non-refundable to the maximum extent permitted by law. This includes setup and development fees, monthly fees, lead and data fees, out-of-scope work, fees paid in advance, and fees for minimum-term periods even if the Services are not fully used. No refunds are issued for cancellation, under-utilisation, scope changes, client-caused delays, third-party outages, force majeure, or dissatisfaction with business outcomes. Nothing in this clause limits any right you have that cannot be excluded under the Australian Consumer Law.
11.1 Your property. Your Data, lead lists we deliver, customer conversation and order records, content you supply, and finished published content produced for you under a content services engagement (final podcast episodes, videos, articles) belong to you. You may use them for any lawful purpose, including after termination.
11.2 Our property. KOMA owns, and retains all right, title and interest in, the underlying code, source code, object code, AI models, model weights, system prompts, prompt libraries, prompt-engineering methods, fine-tuning and training data, retrieval data and embeddings, algorithms, logic, architecture, database schema, data structures, dashboard and platform software, APIs, integrations, infrastructure, configuration, production and editing workflows, templates, tools, know-how, trade secrets and documentation (together, the "Proprietary Materials"), in every version, at all times, including after any payment and after termination. Nothing in these Terms transfers ownership of the Proprietary Materials to you.
11.3 Licence to you. While your subscription is active and paid in full, you have a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Systems for your own internal business purposes only. The licence ends automatically when the Service Term ends, when payment stops, or on termination — whichever is first.
11.4 Reservation. All rights not expressly granted to you are reserved. No right or licence is granted by implication, estoppel, or otherwise.
12.1 Prohibited technical acts. You must not, and must not permit, enable, fund, or assist any other person to, directly or indirectly, in whole or in part, by any means now known or later developed:
12.2 No competing use of outputs. You must not use any output, response, result, generated content, benchmark, observation, or behaviour of the Systems to design, build, train, fine-tune, distil, evaluate, or improve any product, model, or service that competes with the Systems or with KOMA. This expressly includes using the Systems' outputs as training data or as a reference to replicate the Systems' functionality.
12.3 No resale or transfer. You must not resell, rent, lease, lend, sublicense, assign, distribute, host as a service, or otherwise make the Systems or Proprietary Materials available to any third party, or use them for the benefit of any third party, without our prior written consent.
12.4 Responsibility for others. You are responsible for every person who accesses the Systems through your account or credentials — including employees, contractors, agents, and affiliates — and for any breach of this clause by them as if it were your own.
12.5 Survival. This clause applies during and after the Service Term and continues indefinitely after termination or expiry, whether or not your subscription is active or paid.
12.6 Statutory carve-out. These restrictions apply except to the limited extent they cannot lawfully be excluded — including the reproduction and decompilation rights permitted under sections 47B to 47F of the Copyright Act 1968 (Cth) for interoperability, error correction, and security testing. Where those rights apply, you must first give us written notice and a reasonable opportunity to provide the information or fix required so that decompilation is not necessary.
13.1 You acknowledge that the Proprietary Materials — in particular our source code, system prompts, prompt libraries, model configuration, training data, and architecture — are valuable confidential information and trade secrets of KOMA that are not public and derive commercial value from being secret.
13.2 You must keep the Proprietary Materials strictly confidential, must not disclose them to any third party, and must protect them with at least a reasonable degree of care. Any extraction or attempted extraction of our system prompts, prompt logic, or architecture is a breach of both this clause and Clause 12.
13.3 These obligations survive termination indefinitely for information that remains a trade secret.
Both parties will keep each other's proprietary and sensitive information confidential and use it only for the purpose of the engagement. This obligation does not apply to information that is public through no breach of these Terms, was lawfully known before disclosure, is independently developed without use of the other party's confidential information, or is required to be disclosed by law (with notice where lawful). This clause survives termination.
15.1 Monitoring and audit. We may monitor use of the Systems and, on reasonable notice, audit your compliance with Clauses 11–14. You must reasonably cooperate.
15.2 Suspension. We may immediately suspend or terminate your access if we reasonably believe a breach of Clause 5, 12, or 13 has occurred or is threatened. Suspension does not pause or reduce billing.
15.3 Injunctive relief. You acknowledge that a breach of Clause 12 or 13 would cause KOMA irreparable harm for which damages alone are inadequate. In addition to any other remedy, KOMA is entitled to seek urgent injunctive and equitable relief to restrain a breach or threatened breach, without needing to prove actual damage.
15.4 Indemnity. You indemnify KOMA against all loss, damage, cost, and expense (including legal costs on a full-indemnity basis) arising from your breach of Clauses 5, 11, 12, 13, or 21, including any third-party claim arising from that breach. This indemnity survives termination.
15.5 Cumulative remedies. All rights and remedies under these Terms are cumulative and in addition to any available at law or in equity.
We warrant that the System will perform materially as demonstrated on the test environment at go-live. Defects within the original scope reported within 7 days of go-live are fixed at no cost. New features or changes requested after go-live are charged at $150 AUD per hour. Except as stated in this clause and to the extent permitted by law, the Services are provided "as is" and we exclude all other warranties, express or implied.
We target 99% monthly uptime, excluding scheduled maintenance and third-party outages, and provide monitoring, basic maintenance, and email support within 24 business hours. We do not guarantee conversion rates, revenue, lead responsiveness, or business outcomes — we provide the tools; your execution drives results.
18.1 The Systems use artificial intelligence and third-party AI models. AI output is probabilistic and may be inaccurate, incomplete, outdated, or unexpected, and may occasionally generate incorrect information ("hallucinations").
18.2 You are responsible for reviewing, supervising, and verifying AI output before relying on it or acting on it, and for any decision, quote, price, order, or message the Systems produce or send on your behalf. You must not rely on AI output as professional, legal, financial, or medical advice.
18.3 To the maximum extent permitted by law, we are not liable for any loss arising from AI output, including incorrect quotes, prices, orders, classifications, or communications generated by the Systems.
Our Services depend on third-party platforms (hosting, telephony, AI models, payment processing). We are not liable for their outages, API changes, fee changes, discontinuation, or any data loss they cause. You are responsible for complying with the terms and usage policies of those platforms, including AI providers' acceptable-use policies.
20.1 We process Your Data as a service provider acting on your reasonable instructions and do not sell customer data. You are responsible for ensuring you have all rights, consents, and lawful bases required to collect and provide Your Data and for your own compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
20.2 We will take reasonable technical and organisational measures to protect Your Data, and will notify you without undue delay after becoming aware of a data breach affecting Your Data.
20.3 We may use aggregated and anonymised data (that does not identify you or any individual) to operate and improve our Services. Our Privacy Policy is at koma.click/privacy.html. Your Data may be deleted 30 days after termination.
You warrant that you own or have all rights and permissions necessary to supply Your Data and content to us and to have it processed by the Systems, and that it does not infringe any third party's rights or breach any law. You indemnify us against all claims, loss, and costs arising from Your Data or content or from your breach of this clause. This clause survives termination.
22.1 To the maximum extent permitted by law, our total aggregate liability under or in connection with these Terms is limited to the total fees you paid us in the 30 days immediately before the event giving rise to the claim.
22.2 We are not liable for any indirect, special, or consequential loss, or for loss of profit, revenue, data, goodwill, or business interruption.
22.3 The limits in this clause do not limit your obligations to pay fees, your indemnities under Clauses 15.4 and 21, or your liability for breach of Clauses 5, 11, 12, or 13.
22.4 Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, it is limited (at our option) to re-supplying the Services or paying the cost of re-supply.
During the Service Term and for 12 months after it, you must not directly solicit for employment or engagement any KOMA principal, staff member, or contractor involved in providing the Services, without our written consent. This does not prevent general public advertising not targeted at those people.
Neither party is liable for delay or failure to perform (other than an obligation to pay money already due) caused by an event beyond its reasonable control, including outages of third-party platforms, internet or telecommunications failures, acts of government, natural disaster, or pandemic. The affected party must take reasonable steps to mitigate. Force majeure does not entitle you to a refund.
We may identify you as a client and showcase the project in our portfolio and marketing with your prior consent, not to be unreasonably withheld.
You may not assign, novate, or transfer these Terms or any right under them without our prior written consent. We may assign, novate, or transfer these Terms, in whole or in part, including on a sale or restructure of our business, on written notice to you.
We may modify the Services with reasonable notice where the modification does not materially reduce the core functionality you are paying for. We may update these Terms; we will give at least 14 days' written notice of any material change, and your continued use after it takes effect constitutes acceptance. If a material change disadvantages you and you do not accept it, your remedy is to terminate at the end of your current minimum term.
These Terms are governed by the laws of New South Wales, Australia. Before starting legal proceedings (other than for urgent injunctive relief), both parties agree to attempt good-faith resolution: written notice of the dispute, discussion within 14 days, and a genuine attempt to reach agreement. Failing that, the courts of New South Wales have exclusive jurisdiction.
Notices must be in writing and sent by email to the address each party uses for the engagement (for us, sales@koma.click) or to any address later notified. A notice is taken to be received on the next business day after it is sent, unless the sender receives an automated failure notice.
Email: sales@koma.click · Phone: 0421 149 012 · Response within 24 business hours
By engaging our Services you acknowledge that you have read, understood, and agree to these Terms and Conditions.
© 2026 KOMA. All rights reserved.